Legal Question in Real Estate Law in Illinois

Non married co-owners

My friend and her girlfriend are splitting up. They have never been married. Both names are on deed to home. My friend is the only one on the mortgage. My friend borrowed money from her ex-girlfriend's dad for downpayment many years ago. The ex-girlfriend never made mortgage payments. Just re-financed, not much equity in home. Ex-girlfriend wants half. What is ex-girlfriend entitled to and can my friend get her off the deed without having to pay ex-girlfriend much money, if there is no equity in home? If it comes down to it, how does partition work?

Asked on 3/10/04, 10:55 am

1 Answer from Attorneys

Charles Dobra Charles Wm. Dobra, Ltd.

Re: Non married co-owners

I'm a little confused by your question, but I THINK what you mean is how to get the non-paying girlfriend off the deed. A partition suit may well be necessary, and because of probable allegations of "gift" "non-monetary" consideration, etc., the outcome of such a suit could not be guaranteed. You need to speak to a lawyer in the county in which the property exists.

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Answered on 3/10/04, 11:31 am

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